MEMORANDUM

November 20, 2019

TO: XXX

FROM: XXX

SUBJECT: Opportunities for Legislative Session

Guiding Goals for Next Steps

1. Continually challenge status quo

2. Push for legislation that increases transparency in Delaware courts
3. Increase diversity in the Delaware court system and Delaware politics
4. Back organizations that support diversity and racial justice in Delaware

Anti-SLAPP Laws

Anti-SLAPP laws were designed to provide for early dismissal of meritless lawsuits filed against people
for the exercise of First Amendment rights. The acronym SLAPP stands for Strategic Lawsuit Against
Public Participation.

As of June 2019, 29 states in America have Anti-SLAPP statutes, including Delaware. With Delaware
being the home to thousands of large companies, it only makes sense for their statute to be strong and
fair to protect their citizens. While the laws were designed to protect citizens, Delaware’s Anti-SLAAP
laws are graded as some of the weakest in the country with a “D” rating.

https://anti-slapp.org/your-states-free-speech-protection/

• Delaware is a “D” rating from the Public Participation Project. With the State holding most of the
HQ’s of our largest corporations, people can be sued frivolously, and Delaware lawyers reap the
financial rewards.
• Anti-SLAPP statutes are “mechanisms for early resolution of the claim.” Some statutes, like the
one in California, also mandate attorney’s fees.
• California’s anti-SLAPP statute “deters people from bringing frivolous claims because the burden
of proof is really high, and they face the risk of attorney’s fees,” she said. As a result, “courts are
less flooded with these cases.”
• The California statute is commonly recognized as the nation’s strongest anti-SLAPP law and is
the basis for drafts of many other bills, including a federal one
Legislative Advocacy

Based on the findings of the poll (link article) and conversations in field, cameras in court would be the
most beneficial to support. While the other findings are helpful, this legislation is will resonate more
with communities. After selecting the legislation piece, CPBD will partner with a lawmaker who will
sponsor the legislation – therefore allowing us to activate our network of petition signatories to send in
communications to their respective lawmakers.

Recommended Tactics

• SMS text campaign with a call-to-action supporting chosen legislation

• Email campaign with a call-to-action supporting chosen legislation
• Targeted district canvass of legislatures that serve on committees that would ensure the bill
• Reimplement the yard sign campaign
• Digital campaign targeting specific legislatures and their districts to support the bill
• Grassroots canvass that encourages citizens to send in letters of support for to their legislatures.
• Increase petition signatures by 5,000 before the start of session

Increasing Diversity in the Delaware Court System and in Delaware politics

To ensure that there is diversity in Delaware courts, a voter registration and Get Out the Vote (GOTV)
program would be implemented to increase the amount of minority voters in Delaware. By doing so, it
will increase the likelihood of minority voters supporting diverse candidates in the state legislature.

Recommend Tactics

• African American/Hispanic Voter Registration Drive and GOTV efforts

• Donate/support diverse candidates who are running for vacant seat
• Digital & media campaigns highlighting the lack of diversity in Delaware courts and politics.
Focus on fact that 23% of Delaware in African American, but only 13% of the Delaware
legislature is.
• iEmail campaign supporting selected diverse candidates

Backing Organizations that support Diversity & Racial Justice

Targeting non-profit organizations that directly align with our values of diversity, transparency &
accountability would build on our narrative and assist us with transforming Delaware courts.

Prospective Organizations

1. Boys and Girls Club of Delaware- This organization is HEAVILY supported by the political donor
class in Delaware. Specifically, Wilmington.
2. Metropolitan Wilmington Urban League- This organization is run by Eugene Young who ran
against Pruzycki in 2016 and lost by several hundred votes. He is VERY influential among the
young/black political community across the state. If we could get him on our side that would be
a big win.
Event Research

• To bolster our January legislative energy and name recognition, we should host an event
o Celebration of the work done
o Panel discussion on how courts that are not diverse, transparent or held accountable
impact people every day (i.e., harder sentencing, huge expenses to prove innocence,
frivolous lawsuits, etc)
o Representative of The Brennan Center
o Panel discussion
o Contributions to non-profit orgs with similar missions and values
▪ Record for digital, website and potentially tv

Speaker from The Brennan Center

Link to Bios

Potential Options:
• Mathew Menendez: Expert, Justice Counsel

Expertise: Changing Incentives, Social & Economic Harm , Promote Fair Courts, End Mass
Incarceration, Strengthen Our Courts

• Douglas Keith: Expert, Democracy Counsel

Expertise: Influence of Big Money, Campaign Finance in the Courts, Promote Fair Courts, Reform
Money in Politics, Strengthen Our Courts

STAFF WITH EXPERTISE IN FAIR COURTS:

• Michael Waldman: President, Office of the President

• Wendy R. Weiser: Vice President, Democracy

• Alicia Bannon: Leadership, Managing Director of Democracy

Expertise: Influence of Big Money, Campaign Finance in the Courts, Promote Fair Courts, SCOTUS &
Federal Courts, An Effective Congress, Reform Money in Politics , Strengthen Our Courts, Bolster
Checks & Balances

• Faiza Patel: Leadership, Director of Liberty & National Security

Expertise: Transparency & Oversight , Targeting Minority Communities, Privacy & Free Expression,
Social Media, First Amendment, Protect Liberty & Security, Advance Constitutional Change

• Rachel Levinson-Waldman: Expert, Senior Counsel of Liberty & National Security

Expertise: Transparency & Oversight , Targeting Minority Communities, Privacy & Free Expression,
Social Media, First Amendment, Protect Liberty & Security, Advance Constitutional Change
 Panel

The discussion will focus on topics around the importance of transparency, accountability and
diversity on benches and what that means for sentencing, in addition to how Delaware courts and
communities are affected.

Dinner

Dinner will be served after both the speaker and panel conclude.

Contributions to 5 Organizations

These organizations have been chosen based on their approach to criminal justice reform. They not
only work to maximize their impact toward a fair and effective judicial system but also develop
programs that assist ex-offenders with their transition process out of state and federal institutions.
Each organization is devoted to fighting against the unfair treatment of the communities effected by
Delaware courts.

- Boys and Girls Club of Delaware

- Delaware Center for Justice
- The Sentencing Project
- Project New Start
- Wilmington Hope Commission

Alternative Organizations

- YWCA
- New Beginnings
- MSIN (Make Some Intelligent Noise)
- Community Legal Aid Society
- Delaware Bar Foundation
- ACLU Delaware
- Wilmington Peacekeepers Association
- Community Solutions,
- Interfaith Community Housing of Delaware,

Article for reference:

Nonprofits in Delaware chosen for grants for reentry programs in 2016